Question: Explain the powers of Karta in a joint Hindu Family?

Whether he can mortgage the

undivided shares of other coparceners in the property.

Answer : INTRODUCTION:- The position of karta n a joint hindu family is unique. He is that person
who takes care of the whole family and its property and admininsters it and all the members of
family remained disciplined under him. It has been said regarding the position of karta that no one
else is equivalent to him in the family. The position and powers of the karta are more wide than
anyone

POWERS OF THE KARTA

1. He has the complete control over the family.

2. No one can claim accounts from him nor can say to him to spend less.

3. There is no binding over him that how much he shall spend over any coparcener.

4. It is within his power to whom he may educate and whom he keeps illiterate.

But this does not mean that he is dictator. His position is extremely sensitive. He has to move along-
with all the members. Thus the position of the karta is mixture of rights and duties. He has to
maintain the control between rights and duties.

WHO CAN BE A KARTA

1. Hindu Law believes that the seniormost coparcener is the Karta of the family. Refer case of Ram
v/s Khera -1971.

2. Any coparcener becomes Karta of family because of his seniority not because of anyone
appointed him. Refer a case to this effect Mann V/s Jayani-1918 it was held that such a person till he
lives continues as the karta of the family although he may be aged, handicapped, week or ill.

3. However any karata becomes unsound mind then the seniormost coparcener would become the
karta.

WHETHER A JUNIOR MOST COPARCENAR BECOMES KARTA.

1. Generally it does not happen but in a case of Narendera Kumar V/s Intcome Tax Commissioner-
1976, it was held t hat a junior coparcener can be the karta with the consent or agreement of all the
coparceners.

In another case of Harihar Sethi V/s Ladu Kishore Sethi -2002, it was held by the Orisa High Court
that junior coparcenar can be the karta when the senior most coparcener waives his right of karta
then a junior member can become Karta.

Whether mother can become the Karta.

In case of Pandurang V/s Pandurang -1947 it was held by the Nagpur High Court that the mother can
become Karta if their is no other adult coparcener here the Supreme Court does not agree to this
view in case of Commissioner of Incometax Vs Seth Govind Ram -1986.
The Karta of Joint Hindu Family at a time can only one not more, but with the consent of other
coparcener there can be more than one Karta: refer a case of Mudrit vs Ranglal 1902 and Shankar
v/s Shankar 1943.

THE RIGHTS OF KARTA

1. Right of managemnt: He has the right to manage all the duties trade, business industry etc., no
one can challenge him.

2. Right over Income :- The income of the family remains under his control. He may spend as per the
requirements.

3. Right of Representation : He can represent the family in all types of social,religious, legal and
matrimonial matters. The decision of karta is binding over all. He can file suit. Refer a case in this
regard: Fatimanisa v/s Raj Gopalacharya -1977.

4. Right to debt. : He can any debt for the requirement of the family. Such debts shall be taken for
legal requirements of the family. The karta can mortgage or pledge the property of family for this
purpose.

5. Right of settlement:- Karta has the right to make an honest settlement on behalf of family.If any
settlement is made not in good faith it can be challenged refer a case of Nayathambi v/s Vijay-1972.

6. Right of arbitration :- He has right to solve the disputes of family through arbitration see a case of
Jangan Nath v/s Mannu Lal 1894 of Allahabad.

7. Right of Acknowledgement: Karta has the right to acknowledge the debts and making payment of
interest but he cannot acknowledge the time-barred debts.

8. Right of Alienation :- He has the right to alienate the property of family and take debt for the
family with the following conditions :-

i) For the benefit of the family.

ii) For the fulfilment of the legal necessaties.

Refer a case in this regard Devi Kishan v/s Ram Kishan -2002 It was held by the Rajasthan High Court
that the karta can Mortgage the property of joint family for legal necessities, but the following may
not be legal necessaities :-

i) Debt for child marriage violating child marriage prohibition Act.

ii) Debt over property already mortgaged.